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The fees established by Section 810.208 hereof have been established in part on estimated costs to construct PLDF in the calendar years 1980 and 1981. In December of each calendar year, beginning with December 1981, the Board of Supervisors shall review and adjust such fees. Said adjustment to be based upon any increase or decrease in costs of construction as determined by the Engineering News Record Cost of Construction Index published by McGraw-Hill Publishing Company, or any successor thereof. The index for the month of November shall be used for such adjustments. Fees adjusted in accordance herewith shall become effective as of January 1, 1982 and on each January 1 thereafter. However, the maximum amount of fee payable by a subdivider shall be calculated based on the fee rate in effect on the date that the tentative subdivision map or tentative parcel map application is filed with and the application fees paid to the County. If the Board of Supervisors does not review and adjust fees in December of 1981 or any subsequent December, the previously established fees shall remain in effect until such review has been conducted.
Fees collected hereunder shall be segregated into a planned local drainage facilities fund established for each PLD area and the funds therein and interest accruing thereto shall be expended solely for the construction or reimbursement for construction of PLDF within the PLD area from which the fees comprising the fund were collected.
In the event that the subdivider is required to construct drainage facilities within a PLD area(s) to provide supplemental size and capacity for other developments, the County shall reimburse the subdivider from the appropriate planned local drainage facilities fund. Reimbursement shall be made only as fees are collected in connection with the subdivision of other property in the same PLD area(s) in which said facilities were constructed. The amount of reimbursement shall be limited to the difference between the actual construction costs and the amount of the drainage fee. Fees shall be adjusted in accordance with Section 810.211 of this Chapter. No subdivider shall receive reimbursement until all subdividers who have previously executed reimbursement agreements payable from the same fund have been fully reimbursed or until such agreements have expired. The maximum term of any reimbursement agreement is ten years unless in the Board's discretion a longer term is approved to allow for reimbursement.
(Amended by Ord. No. 9570 (N.S.), effective 8-8-03; amended by Ord. No. 10705 (N.S.), effective 1-8-21)
This Chapter shall not be applicable to:
(a) Any tentative subdivision map or tentative parcel map filed prior to the 31st day after the effective date of this Chapter. For purposes of this Chapter the filing of a tentative subdivision map or tentative parcel map shall occur on the date that the application therefor is filed and the tentative map or tentative parcel map application fees are paid to the County.
(b) Any tentative map or tentative parcel map or property located within the nine special drainage areas created by the San Diego County Flood Control District by District Ordinance Nos. 6 and 7 within any subsequently created special drainage area. This subdivision shall not affect the validity of the reimbursement agreement entered into prior to the effective date of the ordinance adding this subdivision to the County Code of Regulatory Ordinances (Ord. No. 9570 (N.S.)).
(Amended by Ord. No. 9570 (N.S.), effective 8-8-03)
Notwithstanding any other provision of this Chapter, the subdivider shall, as a part of the subdivision approval process, have the right to present evidence to the County decision-making body with jurisdiction over the specific tentative map or tentative parcel map, to demonstrate that the fee calculation and/or amount of fee established by the Board of Supervisors is incorrect or inequitable as applied in such case. Said decision-making body shall have the authority to change the amount of fee when it finds that the amount so established is incorrect or inequitable in the specific case. Any such decision may be appealed pursuant to provisions of the County Subdivision Ordinance governing subdivision appeals.
The subdivider shall have the burden of establishing that the fee calculation and/or amount of fee established by the Board of Supervisors is incorrect or inequitable. 10 days prior to the first hearing on the tentative map or tentative parcel map, the subdivider shall serve on the Director of the Department of Sanitation and Flood Control all engineering studies and cost estimates necessary to support the subdivider's contentions. The Director of Sanitation and Flood Control shall then make a recommendation to the appropriate County official, board or commission.